Unless the
context specifically indicates otherwise, the meaning of terms used
in this chapter shall be as follows:
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by Section 303(d) of the Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
ABNORMAL POLLUTANT
Industrial waste, substance or wastewater characteristic
in excess of that found in normal sewage, but which is otherwise acceptable
into a public sewer under the terms of this chapter.
ABNORMAL POLLUTANT SURCHARGE
The charge levied against any person for services rendered
during treatment of abnormal pollutants or waste. This charge is intended
to partially defray the added cost of transporting and treating abnormal
pollutants or waste. This charge shall be in addition to the usual
monthly charge for sanitary sewerage service.
ABNORMAL SEWAGE
Any industrial waste having a suspended solids or BOD content
in excess of that found in normal sewage but which is otherwise acceptable
into a public sewer under the terms of this chapter.
ABNORMAL SEWAGE PERMIT
A permit approved by and received from the engineer permitting
the discharge or deposit of abnormal sewage into a sanitary sewer
upon payment of a surcharge.
ABNORMAL SEWAGE SURCHARGE
The charge levied against any person for services rendered
during treatment of abnormal sanitary sewage or waste. This charge
is intended to partially defray the added cost of transporting and
treating abnormal sewage or waste. This charge shall be in addition
to the usual monthly charge for sanitary sewerage service.
ACT
The Federal Clean Water Act, as amended.
APPLICANT
The person or persons who have properly applied for permission
to hook up and install an acceptable sewer system within an organized
Town sewer improvement area.
ASTM
The American Society for Testing and Materials.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
BOD STRENGTH INDEX
The measure of the biochemical oxygen demand content of sewage
in parts per million (milligrams per liter).
BUILDING DRAIN
That part of the lowest horizontal piping of a sewerage system
which receives discharge from sewerage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet
(1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CODE ENFORCEMENT OFFICER (CEO)
An individual appointed by the Town Board to enforce this section. The CEO shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel. The term "Code Enforcement Officer" or "CEO" as used in this Chapter
209 shall include "Code Enforcement Officer/Building Inspector," as that term is defined in Chapter
247, Zoning.
CONSTRUCTION ACTIVITY
Any activity requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, as
amended or revised, including construction projects resulting in land
disturbance of one or more acres. Construction activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
COOLING WATER
The water discharged from any system of condensation, such
as air conditioning, cooling or refrigeration.
DEPARTMENT
The New York State Department of Environmental Conservation.
ENGINEER
The Engineer of the Town or his authorized deputy, agent
or representative.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
(1)
Any conveyance which allows any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connection to the storm sewer system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
209-12D of this chapter.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade, business, institutions or other SIC Index, as distinct from
sanitary sewage.
LABORATORY DETERMINATION
The measurements, tests and analyses of the characteristics
of waters and wastes in accordance with the methods contained in the
latest edition at the time of any such measurement, test or analysis
of Standard Methods for Examination of Water and Sewage, a joint publication
of the American Public Health Association, the American Waterworks
Association and the Water Pollution Control Federation, or in accordance
with any other method prescribed by the Commissioner by rules and
regulations promulgated pursuant to this chapter.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm sewers):
(1)
Owned or operated by the Town of Pendleton;
(2)
Designed or used for collecting or conveying stormwater;
(3)
Which is not a combined sewer; and
(4)
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
NORMAL SEWAGE
Sewage which, when analyzed, shows by weight a daily average
of not more than 2,500 pounds per 1,000,000 gallons (300 parts per
million) of suspended solids and not more than 2,500 pounds per 1,000,000
gallons (300 parts per million) of BOD, and which is otherwise acceptable
into a public sewer under the terms of this chapter.
OBJECTIONABLE WASTE
Any wastes that can harm either the sewers, sewer treatment
process or equipment, have an adverse effect on the receiving stream
or can otherwise endanger life, limb, public property or which constitutes
a nuisance.
OWNER
The owner of record of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building.
P (denoting PHOSPHATE)
The total phosphate determined under standard laboratory
procedures, expressed in milligrams per liter.
PERSON
Any individual, firm, company, association, society, corporation,
including municipal corporation, or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
POLLUTANT
Any substance or wastewater characteristic present in polluted
water or waste. "Pollutant" shall also mean dredged spoil, filter
backwash, solid waste, incinerator residue, treated or untreated sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand and industrial, municipal, and agricultural waste and ballast
discharged into water, any of which may cause or might reasonably
be expected to cause pollution of the waters of the state in contravention
of water quality standards.
POLLUTED WATER OR WASTE
Any water or liquid waste containing any of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious odorous gases; more than 10,000
parts per million by weight of dissolved solids of which more than
2,500 parts per million are chloride; more than 10 parts per million
each of suspended solids and/or BOD; color exceeding 50 parts per
million or having a pH value of less than 5.5 or more than 9.5; and/or
any water or waste not approved for discharge into a stream or waterway
by the appropriate state or federal authority.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of the pollutant properties
in wastewater to a less harmful state, prior to or in lieu of discharging
or otherwise introducing such pollutants into a publicly owned treatment
works. The reduction or alteration can be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6, General Pretreatment Regulations for
Existing and New Sources of Pollution.
PROPERLY OPERATING SEPTIC SYSTEM
A septic system that meets the Health and Sanitation Code
of the County of Niagara and Health Department standards of the State
of New York.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
PUBLIC SEWER
A sewer to which all owners of abutting properties have equal
rights and which is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292). It includes any sewers that convey wastewater
to the POTW, but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
S.S. STRENGTH INDEX
The measure of the suspended solids content of sewage in
parts per million (milligrams per liter).
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater as may be present.
SEWAGE WORKS
All facilities for collection, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER INSPECTOR
Any person, agent or representative of the United States
Environmental Protection Agency, New York State Department of Environmental
Conservation or duly authorized employees of the Niagara County Health
Department.
SEWER RENT
A scale of charges established and imposed in the Town of
Pendleton for service by the sewer system of the Town of Pendleton.
SIGNIFICANT INDUSTRIAL USER
Any user who:
(1)
Has a discharge flow of 25,000 gallons or more per average workday;
(2)
Has a flow greater than 5% of the flow in the municipality wastewater
system;
(3)
Has in his waste toxic pollutants as defined pursuant to Section
307 of the Act;
(4)
Has been identified as one of the 21 industrial categories pursuant
to Section 307 of the Act; or
(5)
Is found by the Town to have significant impact, either singly
or in combination with other contributing industries, on the treatment
or collection system.
SLUG
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average 24 concentrations or flows during normal operation.
SPECIAL CONDITIONS
(1)
Discharge compliance with water quality standards: the condition
that applies where the Town has been notified that the discharge of
stormwater authorized under its MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition, the Town
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
(2)
303(d) listed waters: the condition in the Town's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under
this condition, the stormwater management program must ensure no increase
of the listed pollutant of concern to the 303(d) listed water.
(3)
Total maximum daily load (TMDL) strategy: the condition in the
Town's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by EPA for a water body
or watershed into which the MS4 discharges. If the discharge from
the MS4 did not meet the TMDL stormwater allocations prior to September
10, 2003, the Town was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
(4)
The condition in the Town's MS4 permit that applies if
a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition, the Town must
review the applicable TMDL to see if it includes requirements for
control of stormwater discharges. If an MS4 is not meeting the TMDL
stormwater allocations, the Town must, within six months of the TMDL's
approval, modify its stormwater management program to ensure that
reduction of the pollutant of concern specified in the TMDL is achieved.
STANDARD METHODS
Standard Methods for the Examination of Water and Wastewater
prepared and published jointly by the American Public Health Association,
American Waterworks Association and the Water Pollution Control Federation,
latest edition.
STORM SEWER or STORM DRAIN
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and polluted industrial wastes other than unpolluted
cooling wastes.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STRENGTH INDEX
Both the biochemical oxygen demand index and the suspended
solids strength index.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
SYSTEM
The trunk sewers, interceptors, pumping stations, treatment
plants, outfall conduits, and so forth, designed to collect, transmit,
treat and dispose of estimated flows and loadings of participants
and other users of the system.
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
TOWN
The Town of Pendleton.
UNIT
The base charge for sewer rent established in this chapter.
UNPOLLUTED WATER OR WASTE
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; not more than
10,000 parts per million, by weight, of dissolved solids, of which
not more than 2,500 parts per million are chloride; not more than
10 parts per million each of suspended solids and BOD; color not exceeding
50 parts per million, nor a pH value of less than 5.5 nor higher than
9.5; and/or any water or waste approved for discharge into a stream
or waterway by the appropriate state or federal authority.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and has been or will be discarded.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.